Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30246 of 2021 Applicant :- Sanjay Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on several counts; prime argument being that the description of the incident does not match with the date and time of the occurrence. As per the F.I.R., the informant was told by the victim herself around 11:30 a.m. on 31.05.2021, as to what happened as has been described in the F.I.R. Now, no medical examination was conducted and it was refused by the prosecutrix. Prosecutrix has been assessed to be 17 years of age in her medical examination. It being so, if two years margin are added to it, she would become 18 years of age. Now, it so happened that in the statement of the victim recorded under Section – 164 Cr.P.C., wherein, she specifically stated that the incident took place on 31.05.2021 around 9:00 p.m. Once this is accepted to be correct, then there is no reason that the things have been twisted to suit the interest of the prosecution. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 01.06.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Sanjay Chaudhary involved in Case Crime No. 0292 of 2021, under Section - 376 I.P.C. & 3/4 POCSO Act, Police Station - Khorabar, District - Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.10.2021 / S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.02 15:59:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad